Your New GOP Talking Point.

HF: Yes, she was, and I think her role in the Clinton White House in
those times was to supply the excellent and very detailed legal
analyses that they would need to allow Bill Clinton to maneuver around
to try to get himself reelected. She was very smart, but also very
political, very politically astute, and I think always looking for ways
to implement, to use Constitutional arguments to get Bill Clinton and
his political advisors where they wanted to go.

HH: Now Howard, I’m trying to remember the issues which may come up,
because of course none of this has been released yet. One would be
obviously welfare reform and the Constitutionality of cutting in-place
benefits. Another would be the Defense Of Marriage Act. ....

HF: And in an effort to get himself reelected after the Democrats
were unseated in the House by Newt Gingrich in ’94. From ’94 to ’96,
you remember, there were 100,000 cops and welfare reform, and all kinds
of other things…

HH: And DOMA, Defense Of Marriage Act is there. ...

HH: Let’s imagine for a moment that there is, when I was in the
White House Counsel’s Office, every piece of legislation that the
president had to sign had to go through the Counsel’s Office first to
have an analysis prepared, and perhaps a signing statement drafted for
the president, and that’s in the Reagan years. I assume they did the
same thing in the Clinton years.

HF: Yup, yup.

HH: So there may be a memo running around on, say, the Defense Of
Marriage Act, which is just a horrible thing in the eyes of the left
that her name may be on. Do you think we’ll ever see those memos,
Howard Fineman? ...

HH: Yeah, I’m on the faculty of a law school for fifteen years, and I
know what deans do, and that she has received glowing accolades from
Charles Fried, solicitor general under Ronald Reagan, and other
conservatives tell me that she’s going to have a fine time in front of
the Committee, absent something coming out in the hidden paper trail.
There’s a large paper trail here that causes controversy on the left,
like a DOMA, like a Kosovo bombing thing.

HH: …because I suspect, from my time in the White House Counsel’s
Office, when it was past practice that the Counsel’s Office reviewed
every piece of legislation, and prepared a memo on it for the
president, that there are a lot of memos in the Clinton White House
files by Elena Kagan on things like the Defense Of Marriage Act… ...

HH: So what happens when a DOMA memo comes out and Elena Kagan’s on
there saying you know, this is Constitutional. Does that fracture the
left’s support of her? ...

HH: Well often, though, you’ll get dueling banjos in the Counsel’s
Office. You’ll get one lawyer saying I don’t think DOMA’s
Constitutional, or I don’t think welfare reform is Constitutional for
the following reasons, and another one will say I disagree. ...

Hmmmm. I do not understand this line of attack. As a GOP party man and supporter of DOMA, Hewitt clearly salivates at the possibility that heretofore unseen memos might reveal Kagan's opposition to the Act.